DUI: Under the Influence of Narcotics

The police may arrest a suspect upon finding the person was driving under the influence of drugs, with or without alcohol in his or her system.  Whether or not the controlled substance is legally prescribed, Vehicle Code Section 23152 provides that it is unlawful to drive under the influence of any narcotic such that you are unsafe on the road.

The prosecution has the burden of proving (1) that you were driving and (2) that you were intoxicated.  If the breath testing machine shows 0.0% alcohol, the police may suspect that you could have used controlled substances and were under the influence of cocaine, ecstacy, marijuana, psilocybin, LSD, methamphetamine, and/or prescribed medications.

In defending Driving under the Influence of Drugs allegations, our Los Angeles DUI attorneys will explore the following areas:

• Why did the police stop you and were your rights violated?
• Were any controlled substances found in the car or on your person?
• What constitutional reason did the police have to search your car?
• Was a Drug Recognition Expert (DRE) used to examine the suspect?
• Was a blood test done in accordance with the requirements of Title 17?

Our DUI defense lawyers will closely scrutinize the validity of the blood test. Further, we will question what expertise the officer has in determining if someone was under the influence of drugs. Did the officer check the pupils, pulse, and other objective physical symptoms?  Many of these physical symptoms are often consistent with someone being ill, or having a serious medical condition. If the police officer has never seen the person before, then how can he be sure that symptoms are consistent with drug use, instead of an illness.

Our DUI Defense Specialists: Southern California Courtrooms

We will work aggressively to obtain the dismissal and reduction of DUI charges throughout Southern California. The skilled DUI attorneys at Kestenbaum Eisner & Gorin LLP are aware of all of the issues relating to the validity of blood tests, as well as the expertise of police officers conducting DUI / Drug investigations. Our DUI attorneys are available 24/7 for an immediate consultation.